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Legal Resources |  |  T34  99.30, 099.030  

Part 99-Family Educational Rights and Privacy. Subpart D-May an Educational Agency or institution Disclose Personally Identifiable Information From Education Records?   

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Under what conditions is prior consent required to disclose information?

(a) The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student's educational records, except as provided in 99.31.

(b) The written consent must:

(1) Specify the records that my be disclosed.

(2) State the purpose of the disclosure; and

(3) Identify the party or class of parties to whom the disclosure may be made.

(c) When a disclosure is made under paragraph (a) of this section:

(1) If a parent or eligible student so requests, the educational agency or institution shall provide him or her with a copy of the records disclosed; and

(2) If the parent of s student who is not an eligible student so requests, the agency or institution shall provide the student with a copy of the records disclosed.

(d) "Signed and dated written consent" under this par may include a record and signature in electronic form that-

(1) Identifies and authenticates a particular person as the source of the electronic consent; and

(2) Indicates such person's approval of the information contained in the electronic consent.

(Amended 69 FR 21670, 21671, Apr.21, 2004)